Wrongful death actions in Texas are permitted by CPRC section 71.001 et. seq. In accordance with CPRC section 71.002, a wrongful death action can be filed so long as a "wrongful act, neglect, carelessness, unskillfulness or default" of one person causes the death of somebody else. The wrongful death attorneys at Springer & Lyle want you to know a little more about wrongful death cases. Who Can File a Wrongful Death Action? CPRC section 71.004 only allows the surviving spouse, children and parents of the decedent to file a wrongful death action. One or more of them is permitted to … [Read more...]
Injured by a Doctor? You’ll likely deal with the secretive Medical Board instead of open court
Fox 4 in Dallas did a great story on the Texas Medical Board and their contribution to physician discipline since tort reform in 2003. According to the report serious disciplinary actions are down and the time taken to conduct investigations has risen. Further, Doctor confidentiality and secrecy is maintained until a final disciplinary action is completed, leaving patients unaware of allegations of malpractice by doctors. Check the Fox 4 page for a video. Some of the images are graphic and the stories are truly tragic. Its a shame our state has fallen so far in protecting patient … [Read more...]
Happy Stop The Texts Day!
Distracted driving is a real scourge in our society. Secretary of Transportation, Ray LaHood, has declared today #StopTheTextsDay asking Twitter for ideas on how best to fight this menace and convince people to put down the phone and drive. Celebrities like Kasey Khane have even released public service announcements with the National Highway Traffic Safety Administration urging drivers to “STOP THE TEXTS STOP THE WRECKS.” Unfortunately, distracted driving isn’t just a problem amongst consumers. Many employers still have policies that allow, or even encourage employees to use their cell … [Read more...]
Federal Judge in Texas Upholds Med Mal Damages Cap
Originally posted at the Dallas Morning News: https://www.dallasnews.com/business/health-care/2012/03/28/u-s-judge-upholds-texas-cap-on-medical-malpractice-awards/ By MARK CURRIDEN The Texas Lawbook mark.curriden@texaslawbook.net Published: 27 March 2012 08:55 PM A federal judge ruled Tuesday that a Texas law limiting noneconomic damages in medical malpractice cases to $250,000 is constitutional. The decision, applauded by tort reform advocates and denounced by trial lawyers and victims of medical malpractice, ends a four-year legal battle over … [Read more...]
Tragedy Brought on by Tainted Fruit
By Moni Basu, CNN William Beach was one of those people who fixated on certain foods. He would eat the same thing voraciously for a few days, and then, when he tired of the same tastes, he moved onto something else. In August, when summer's heat seemed unending in Mustang, Okla., Beach took to savoring fried chicken -- and soft, sweet cantaloupe. Beach was elderly -- 87 -- but after eating the fruit, his health declined rather suddenly and before anyone in his family knew what was wrong, he was dead. He is among 15 people who died from Listeria monocytogenes in what the Centers for … [Read more...]
Carreras v. Marroquin, et al.
Parents brought claims against a physician who allegedly caused their adult daughter’s death. The parents attempted to delay the expiration of the statute of limitations by sending a pre-suit, notice of their claims shortly before their filing deadline expired. The notice was not accompanied by a form allowing the doctor access to the daughter's medical information as required by the health care liability law. After the parents filed suit, the doctor moved for summary judgment, arguing that the notice did not delay the parents filing deadline, resulting in the suit being barred as untimely. … [Read more...]
Johnson & Johnson insulin cartridge recall
from Reuters J&J Animas unit recalls leaky insulin cartridges * 384,180 cartridges recalled in U.S., France * 22 adverse events reported, no deaths * Leak could result in underdelivery of insulin * FDA also warns Cordis unit over stent manufacturing * Shares close up 0.5 percent (Updates number of adverse events, closing share price) By Bill Berkrot NEW YORK, March 8 (Reuters) - Johnson & Johnson (JNJ.N), which has been beset by a seemingly endless stream of product recalls, has recalled hundreds of thousands of potentially leaky insulin pump cartridges that could … [Read more...]
Glaxo Suit on Avandia Heart Attack Death Settled on Trial’s Eve
from Bloomberg.Com Glaxo Suit on Avandia Heart Attack Death Settled on Trial's Eve GlaxoSmithKline Plc said it settled on the eve of trial a lawsuit alleging its Avandia diabetes drug caused a North Carolina man to die of a heart attack, avoiding a jury determination over risks associated with the medicine. The U.K.’s biggest drugmaker resolved the suit by the family of James Burford, an Avandia user who died in 2006. The company declined to provide details of the accord’s terms. The resolution eliminates the risk Glaxo would face a large jury award, said Navid Malik, a drug-industry … [Read more...]
Child-Safety Seats Recall
from the New York Times online Nearly 800,000 Dorel Child-Safety Seats Are Recalled By CHRISTOPHER JENSEN Almost 800,000 child seats are being recalled because their harnesses may not hold the child securely, the National Highway Traffic Safety Administration said Monday. The recall covers a wide range of booster, convertible and infant seats, including some sold as part of a stroller travel system, made by the Dorel Juvenile Group of Columbus, Ind. The action was prompted by the safety agency, which began an investigation of the restraints last year after receiving several consumer … [Read more...]
AstraZeneca and Seroquel Suits
from Bloomberg.Com AstraZeneca Said to Pay $150 Million to Settle About 6,000 Seroquel Suits AstraZeneca Plc agreed to pay $150 million to settle more lawsuits claiming its antipsychotic drug Seroquel causes diabetes, pushing the amount the drugmaker has paid to resolve cases over the medicine to almost $350 million, people familiar with the accords said. AstraZeneca, the U.K.’s second-biggest drugmaker, will resolve about 6,000 cases alleging the company knew Seroquel could cause diabetes and failed to adequately warn patients, two people familiar with the settlements said. They spoke on … [Read more...]